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HomeMy WebLinkAboutOrdinances_1447_CCv0001.pdf f` ORDINANCE NO. 1447 AN ORDINANCE OF THE CITY COUNCIL, CITY OF REDLANDS, REQUIRING THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS , STREET LIGHTS AND DRAIN- AGE FACILITIES IN CONJUNCTION WITH BUILDING CONSTRUCTION, REVISING ARTICLE 926 OF THE REDLANDS ORDINANCE CODE AND RESCINDING ORDINANCES NO. 1193, 1289 AND 1360 THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY ORDAINS : WHEREAS , the lack of sidewalks in the City of Redlands in many instances forces pedestrians , particularly school children, to walk in the street and be subjected to hazards of vehicular traffic, and WHEREAS, the lack of curbs, paved streets, and drainage struc- tures in the City of Redlands results in improper drainage, difficult street sweeping, and accumulation of trash, and the lack of sidewalks and street lights subjects children and pedestrians to accidental in- jury by vehicular traffic, and WHEREAS, it is necessary for both vehicular traffic and pedes- trian safety that streets be constructed to conform to the Master Plan of Streets and Highways of the City of Redlands in accordance with engineering specifications; NOW, THEREFORE, the City Council of the City of Redlands does ordain as follows: SECTION 1. The existence of sidewalks, curbs, and gutters con- structed of material other than concrete adjoining buildings, struc- tures, or dwellings within the City of Redlands or conversely, the lack of adequate curbs , gutters, paved streets, sidewalks, drainage structures_, and _streetlights is hereby found and declared to be dan- gerous to the public health and safety of the inhabitants of said city. SECTION 2_ Any owner, lessee or agent constructing or arrang- ing for the construction of a building, structure, dwelling or the remodelling or structural alteration of a building, structure, or dwelling, where construction cost exceeds the assessed valuation of the existing building, structure, or dwelling as shown on the current County of San Bernardino Assessment Roll shall also provide for _con- struction and relocation in conformance with master Plan of Streets and Highways of the City of Redlands, of concrete curbs , gutters and sidewalks, paved streets, drainage structures and_ street_ lights in accordance with the city specifications unless adequate curbs and sidewalks in conformance with the Master Plan of Streets and Highways of the City of Redlands already exist along all street frontage on which the building, structure, or dwelling is to be constructed. The TM owner of said property shall also cause the land on which the im- provement is required herein, including the necessary land for loca- tion or relocation of public utilities and in conformance with the street width as designated by the Master Plan of Streets and High- ways, to be dedicated to the City of Redlands . EXCEPTIONS : (a) For areas parceled into lots which are capable of further division said improvements need not be installed for a greater distance than the lot width required by the zon- ing ordinance for the zone in which the property is located. (b) For corner lots - said improvements shall extend the en- tire frontage of the lot on each street, but may be omitted in front of that portion of the parcel capable of further division. (c) For streets in the single family residential districts or with predominately single family uses, in which 50% or more of the lots in a block are developed with residential struc- tures, improvements shall be provided at a level not less than the highest standard which exists in said block. (d) For streets which are to be widened with gas tax funds in the foreseeable future, the curb and gutter requirements of this ordinance may be waived. (e) The Advisory Committee, consisting of three persons com- posed of one member each from the City Council, Planning Commission, and Public Works Department, may waive any and all of these requirements provided that said committee has made a unanimous finding that such an action will not ad- versely affect the health, safety, and welfare of the pub- lic, and further provided appellant shall agree in writing to participate in any street improvement program for the block in which the property is located, whether privately or publicly initiated. This agreement shall be recorded with the County Recorder by the City Clerk. Appellant may appeal any decision of the Advisory Committee to the City Council . Said appeal shall be filed in writing with the City Clerk not less than five days prior to the nearest council meeting date. SECTION 3. The Building and Safety Department shall not issue a building permit for the building, structure, or dwelling until necessary grading (including removal of obstructions) , curbs, gutters, paved streets , sidewalks, street lights and drainage facilities exist, or are constructed, or their construction is guaranteed by Ordinance No. 1447 -- Page two cash deposited with the City of Redlands in a sum to be determined by the City Engineer based on actual cost, or exception noted in Section 2, herein, has been fully complied with. SECTION 4. If any section, subsection, clause, phrase or por- tion of this ordinance is for any reason held to be invalid or un- constitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections , subsections , clauses, sentences, phrases or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall be in force and take effect as provided by law. SECTION 6. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in this City. ATTEST: Z' Z' yor of the City of Red ands C ' Jerk APPROVED FOR FORM: s/ Edward F . Taylor City Attorney I, Peggy A. Moseley, City Clerk, City of Redlands, hereby certify that the foregoing ordinance was adopted by the City Council of the City of Redlands at a regular meeting thereof held on the 1st day of June, 1971 by the following vote: AYES : Councilmen DeMirjyn, Knudsen, Miller, Mayor Cummings NOES: None ABSENT: Councilman Sewall Ci erk Ordinance No. 1447 - Page three